Last Updated: May 16, 2023
Another Axiom LLC, an Arizona limited liability company (“Another Axiom,” “we,” “us,” “our,” and their derivatives) provides Gorilla Tag™, including any playtest program (collectively, the “Game”), websites, including https://www.gorillatagvr.com/ and its subdomains (collectively, the “Websites”), and other online services (with the Game and the Websites, the “Services”). Please read these Terms of Service (these “Terms”) carefully because they govern your use of the Services.
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.
In accordance with the policies of Meta® and Valve® for virtual reality games, the Game is not designed for Children, and we do not intentionally or knowingly collect, use, store, disclose, or otherwise process any personal information about Children. If you become aware that a Child disclosed personal information to us, please contact us by completing a support ticket at https://support.gorillatagvr.com/ or emailing us at email@example.com we may remove their personal information. User age may be collected by Meta® and Valve® in accordance with their policies. We do not collect information about the age of our users, however, if we are notified that you are a Child, your account will be banned. A “Child” is a person under the age needed to consent to the processing of Personal Information in their country of residence.
4. Account Requirements
If you want to use the Game, you must be the minimum age required by Meta® or Valve®, as applicable, for virtual reality games (e.g., 13 years of age in the United States) and must have a valid Steam or Meta account, as applicable (collectively, “Accounts,” and each, an “Account”). We do not administer Accounts, rather, they are administered by Meta® or Valve®, as applicable. You are responsible for all activities that occur under any Account associated with you, whether or not you know about them. You must not permit a Child to access or use your Account. We will not be liable for any loss that you may incur as a result of someone else’s authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by Another Axiom or third parties due to someone else’s use of your Account. Later versions of the Game may require that you establish a different account with us, and additional terms and restrictions will then apply.
5. Intellectual Property Rights
All aspects of the Services, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, or underlying the Services, are owned by Another Axiom, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
©2021 Another Axiom LLC, Another Axiom™, Gorilla Tag™, and all related names, logos, product and service names, designs, and slogans are trademarks of Another Axiom or its affiliates or licensors. You must not use such marks without our prior written permission, and we reserve all rights. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
6. Limited License to Use the Services
These Terms permit you to use the Services and view and use the content contained in the Services for your personal, non-commercial use only. As to the Game, the license contemplated by this Section gives you a personal, non-exclusive, non-transferable, revocable, non-sublicensable, limited license to use one copy of the Game for your personal, non-commercial use for gameplay. For clarity, the foregoing license is only granted to those people that have purchased from or otherwise been given access to the Game by us or one of our third party publishers. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included in the Services. You must not access or use for any commercial purposes any part of the Services or materials available through them. No right, title, or interest in or to the Services or any content thereof is transferred to you, and all rights not expressly granted are reserved by Another Axiom. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You may elect to informally provide us with Feedback from time to time. You agree that Another Axiom will own, and you hereby assign to Another Axiom your intellectual property rights in and to any and all Feedback and that Another Axiom will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided by you, royalty-free and entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback or ideas you provide to us regarding the Services or any suggested improvements.
9. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
Although Another Axiom is not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating and updating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable, or suspend your or any user’s access to any of the Services, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using the Services to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services, including consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
9. Health and Safety Precautions
While you are using the Game, please be aware of your surroundings, and play and communicate safely.
The below should be reviewed before use of the Game. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and safety risks not contained below. Another Axiom is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.
10. Limited License to Broadcast Gameplay
Another Axiom believes that the Game is best served by an active and excited community of users. To encourage community growth and development, we hereby grant each valid user of the Game (“Broadcasting User”) a personal, non-exclusive, non-transferable, revocable, limited license to broadcast such Broadcasting User’s unique gameplay (“Broadcasted Content”), but only through third party media that is, at the time of broadcast, currently approved by Another Axiom (“Approved Broadcaster(s)”). In furtherance of your exercise of the foregoing limited license, you may assume that other users who participate in gameplay with you have given you non-exclusive performance rights for their parts in your Broadcasted Content, unless or until you have notice that they opt out in accordance with the provisions outlined below. To the extent a user opts out, our license with respect to Broadcasted Content, including that user, is revoked.
The above limited license is subject to the additional conditions:
Any user may revoke their permission to be included in Broadcasted Content by providing written notice to the applicable Broadcasting User of their decision to opt out (“Opt-Out Notice”). Without any obligation to do so, Another Axiom may also provide Opt-Out Notices, on a case-by-case basis, on behalf of users. Upon receipt of an Opt-Out Notice, the Broadcasting User must promptly remove the Broadcasted Content or otherwise modify the Broadcasted Content to remove the user who opted out. Another Axiom does not assume any responsibility for ensuring compliance with the foregoing.
Below is an exclusive list of currently Approved Broadcasters. Users may only use Broadcasted Content through currently Approved Broadcasters. We do not claim any affiliation with the Approved Broadcasters, and we do not make any representations as to the quality or functionality of the Approved Broadcasters’ services.
We reserve the right to add or remove Approved Broadcasters as we see fit. If you would like to request that a broadcaster be added to the list above, feel free to contact us at firstname.lastname@example.org
Another Axiom may, in its sole discretion, ask you to participate in a playtest to help test and improve the Game (each, a “Playtest Program”). As consideration for your full participation in a Playtest Program and compliance with your obligations below, Another Axiom will provide you with a Game reward, as determined by Another Axiom.
As a participant in the Playtest Program, you may be exposed to confidential, pre-release materials and information about the Game. You may not share, copy, disclose, distribute, stream, publish, transmit, post, or otherwise make available to a third party, directly or indirectly, any non-public information that (a) we disclose to you, (b) you may disclose to us, or (c) you may otherwise learn as the result of your participation in the Playtest Program.
You may be asked to provide us with Feedback based on your play experiences and agree that we will own, and you hereby assign to us, any and all Feedback that you may provide to us.
As long as you are participating in the Playtest Program, we grant you a personal, non-exclusive, non-transferable, revocable, limited license to use the Game and any other documents, information, materials, or communications relating to the Game, solely for the purposes of participating in the Playtest Program and providing Feedback to us about your experience with the Game. Use of the Game or confidential information regarding the Playtest Program in any manner not expressly permitted in these Terms is strictly prohibited.
We reserve the right, but are not obligated, to remove, disable, or suspend your participation in the Playtest Program at any time, without notice, and for any reason or no reason. We reserve the right to withdraw or change the Playtest Program, in our sole discretion and without notice. We will not be liable to you if for any reason all or any part of the Playtest Program is unavailable at any time or for any period.
We retain ownership and other applicable rights in the Playtest Program, which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
12. Changes to the Services
We reserve the right to withdraw, modify, suspend, or discontinue any of the Services in our sole discretion and without notice. The Services are not necessarily always complete or up-to-date, and we are under no obligation to update them. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.
We may, from time to time, provide enhancements or improvements to the features or functionality of the Game, which may include patches, bug fixes, updates, upgrades, and other modifications. Updates may modify or delete certain features or functionalities of the Game. You agree that we have no obligation to provide any updates or continue to provide or enable any particular features or functionalities of the Game.
13. Reliance on Information Made Available Through the Services
We do not warrant the accuracy, completeness, or usefulness of any information made available through the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user of the Services, or by anyone who may be informed of any information made available through the Services.
14. Third Party Content
The Services may display, include, or make available third party content (including data, information, links, applications, and other products or services). This third party content is provided for your convenience only. We have no control over third party content and accept no responsibility for third party content or for any loss or damage that may arise from your use of such third party content.
15. Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not link in such a way as to suggest any form of association, approval, or endorsement on our part.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon termination of the Services, all provisions regarding Another Axiom’s limitation of liability and Sections 5 (Intellectual Property Rights), 7 (Feedback), 17 (Disclaimer of Warranties), 18 (Limitation of Liability), 19 (Indemnification), 20 (Governing Law and Jurisdiction), 21 (Waiver and Severability), and 22 (Entire Agreement) will survive such termination.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING THE GAME AND OTHER SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY ANOTHER AXIOM ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANOTHER AXIOM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER ANOTHER AXIOM NOR ANYONE ASSOCIATED WITH ANOTHER AXIOM REPRESENTS OR WARRANTS THAT THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING THE GAME AND SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM ANOTHER AXIOM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT ANOTHER AXIOM DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. ANOTHER AXIOM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANOTHER AXIOM, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS, (B) THE USE OF OR INABILITY TO USE THE SERVICES, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANOTHER AXIOM’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS, (B) THE USE OF OR INABILITY TO USE THE SERVICES, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES, EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ANOTHER AXIOM AND YOU.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Another Axiom, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, members, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.
20. Governing Law and Jurisdiction
All matters relating to the Services and these Terms and any related dispute or claim will be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services must be instituted exclusively in the federal and state courts located in Harris County, Texas. You waive any and all objections to this Section and the exercise of jurisdiction over you by such courts in Harris County, Texas.
21. Waiver and Severability
No waiver by Another Axiom of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Another Axiom to assert a right under these Terms will not constitute a waiver of such right. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
23. Changes to these Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. If you continue to use our Services, following the posting of revised Terms, you are signifying that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes.
If you have any questions about the Services or these Terms, please contact us at email@example.com
If you are a law enforcement agency, please email us at firstname.lastname@example.org with the subject line “Law Enforcement Request.”